This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.
Introduction: The Vulnerable Accused in the Criminal Justice System Part 1: The Implementation of the European Framework 1. Access to Justice for Persons with Disabilities as Suspects of Crime: The Transformative Power of Human Rights 2. The Impact of the Procedural Rights Directives on Juvenile Suspects and Defendants 3. Assessing Vulnerability Prior to and During Police Questioning: Responsibilities and Training in Belgium and The Netherlands 4. The Identification of Psychological Vulnerabilities and Suspect Interviews Part 2: Responses to Suspect Vulnerability 5. Vulnerable Suspects, Access to a Lawyer and the Right to a Fair Trial in Ireland 6. Children’s Rights and Police Questioning: The Right to a Lawyer 7. Behind Closed Doors: Protections for Child Suspects in Police Custody 8. The Right to an Interpreter: Taking Stock, Looking Forward Part 3: Responses to Vulnerability in the Courts 9. Speech, Language and Communication Needs and the Role of the Speech and Language Therapist 10. Vulnerable Defendants, Special Measures and Miscarriages of Justice in England and Wales 11. The Role of the Intermediary in Ensuring the Effective Participation of Vulnerable Defendants 12. The Vulnerable Accused and the Limits of Legal Aid Conclusion: challenges and future avenues to adequately protect the vulnerable accused
Roxanna Dehaghani is Senior Lecturer in Law, Cardiff School of Law and Politics, Cardiff University, UK. Samantha Fairclough is Associate Professor in Law, Birmingham Law School, University of Birmingham, UK. Lore Mergaerts is a Postdoctoral Researcher, Leuven Institute of Criminology, KU Leuven, Belgium and a Lecturer in Forensic and Legal Psychology, Erasmus School of Social and Behavioural Sciences, Erasmus University Rotterdam, the Netherlands.
